Justia Mississippi Supreme Court Opinion Summaries

Derrick Nelson was convicted by jury of murder. The Court of Appeals held that the trial court erred by refusing an imperfect self-defense jury instruction; it reversed Nelson’s conviction and remanded for a new trial. The State filed a petition for a writ of certiorari, which the Mississippi Supreme Court granted. Because no evidentiary basis in the record supported the grant of an imperfect self-defense jury instruction, the Supreme Court reversed the judgment of the Court of Appeals. While the Court of Appeals did not reach Nelson’s argument that the State deprived him of a fair trial, the Supreme Court found no reversible error, thus affirming Nelson’s murder conviction and sentence of life imprisonment. View "Nelson v. Mississippi" on Justia Law

This case arose from Hurricane Katrina insurance litigation. After the hurricane had destroyed many homes, policyholders and insurance companies began litigating whether the hurricane losses were caused by flood damage or wind damage. The distinction determined whether the insurance companies would pay claims on those polices that did not cover flood damage. This case is before the Court on interlocutory appeal. Safeco Insurance Company (Safeco) and Liberty Mutual Insurance Company individually challenged the circuit court’s reassignment of their respective cases and the appointment of a special master. The Mississippi Supreme Court found no abuse of discretion in reassigning judges, but vacated the order appointing the special master, finding an abuse of the trial court’s discretion. “The order itself acknowledged a blind-billing provision was “unusual.” But the Supreme Court found it was more than that: requiring both parties, one of which is the State of Mississippi, to pay an attorney in Louisiana to act as a judge, allowing either side to meet with him ex parte, and not requiring this special master to mention these meetings or even justify or detail his bill far exceeded the discretionary authority to appoint special masters.” View "Safeco Insurance Company of America v. Mississippi, ex rel. Hood" on Justia Law

D.C., a minor foster child, alleged that Jason Case, his foster parent, sexually abused him. The Mississippi Department of Human Services ("DHS") removed D.C. from Case’s home and a subsequent investigation substantiated the alleged abuse. DHS did not contest that Case abused D.C. In his complaint, D.C. alleged negligence and gross negligence on behalf of DHS and the Department's executive director, Richard Berry, in the licensing of the foster home and the lack of care and treatment to D.C., both during his placement and after DHS removed D.C. from the foster home. After a period of discovery, DHS filed a motion for summary judgment. It maintained that it was entitled to immunity under Mississippi Code Section 43-15-125 (Rev. 2015) and Mississippi Code Section 11-46-9(1)(d) (Rev. 2012). Without any noted reference to Section 43-15-125, the circuit court denied DHS’s motion for summary judgement. DHS filed a petition for interlocutory appeal, which a panel of the Mississippi Supreme Court granted. After review of the record, the Supreme Court affirmed in part and reversed in part the circuit court’s denial of summary judgment: the circuit court erred in denying DHS summary judgment for D.C.’s claims that stemmed from DHS’s licensing of the foster home, given the immunity DHS and its officers have under Section 43- 15-125. The circuit court, though, did not err in denying DHS summary judgment under Section 11-46-9(d)(1) of the Mississippi Tort Claims Act, because DHS did not meet its burden to show that no genuine issue as to any material fact existed. View "Mississippi Department of Human Services v. D.C." on Justia Law

Mississippi Sand Solutions (MSS) and its predecessors hauled gravel and sand off its property via a private road on property belonging to the Fisher heirs. At some point, any agreement between the parties ended, and MSS sued in chancery court, asking the chancery court to find that it had an easement over the Fisher property. The chancery court ruled that MSS did not have an easement, and MSS appealed that decision. The Mississippi Supreme Court unanimously affirmed the chancery court’s ruling that MSS did not have an easement over the Fisher heirs’ property. Settlement negotiations between the parties broke down, and the Fisher heirs demanded that MSS cease and desist traversing their property. The Fisher heirs placed “no trespassing” signs on their property and put up a gate. MSS ignored the signs and tore down the gate. The Fisher heirs reported that MSS was damaging their property by dumping trash and gravel on the property and in waterways on the property. Additionally, the Fisher heirs were cited by the Mississippi Department of Environmental Quality for the dumping and burning of household waste on the Fisher property and were required to clean the site. The Fisher heirs then sued MSS in chancery court alleging trespass, and asked for an Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction. After the hearing on the emergency motion, the chancery court issued a decree on the merits of the trespass complaint in favor of the Fisher heirs and awarded the Fisher heirs damages and attorneys’ fees. However, because MSS did not receive notice the case was being tried or heard on the merits, the Mississippi Supreme Court reversed the chancery court decree on the merits and remanded for further proceedings. View "Mississippi Sand Solutions, LLC v. Otis" on Justia Law

Chevelle McAlister was convicted by jury of the murder of Johnna Norris and of possession of a firearm as a convicted felon. McAlister appealed his conviction, arguing that his counsel provided constitutionally ineffective assistance. The Mississippi Supreme Court determined the trial court record did not support a finding of ineffective assistance of counsel. Also, the Court found no indication from the record or the briefs that an evidentiary hearing would enable McAlister to further develop any evidentiary proof of the alleged errors. Thus, McAlister's conviction was affirmed. View "McAlister v. Mississippi" on Justia Law

Bruce Martin was found guilty of second-degree murder for the death of James Brown and was sentenced to serve forty years in the custody of the Mississippi Department of Corrections. Martin argued on appeal the trial court abused its discretion in allowing two autopsy photographs to be published to the jury. Finding no error, the Mississippi Supreme Court affirmed Martin’s conviction and sentence. View "Martin v. Mississippi" on Justia Law

Loren Ross was convicted of felony driving under the influence (DUI), fourth offense. The Circuit Court imposed the maximum sentence of ten years in the custody of the Mississippi Department of Corrections (MDOC). Ross appealed, arguing that the trial court erred by not polling the jury to assure that the jurors had been unanimous in specifying the particular subsection of the DUI statute Ross had violated. He also argued the trial court erred by sentencing him to the maximum statutory penalty instead of ordering rehabilitative treatment for his alcoholism. Finding no error, the Mississippi Supreme Court affirmed Ross’ conviction and sentence. View "Ross v. Mississippi" on Justia Law

Edward Ware was convicted of possession of a weapon by a convicted felon. Ware appealed, and his counsel filed a “Lindsey” brief, stating she searched the record but was unable to find any arguable issues for appellate review. Ware was given the opportunity to file a pro se brief, but he declined. After review of the record, and finding no arguable issues, the Mississippi Supreme Court affirmed Ware’s conviction. View "Ware v. Mississippi" on Justia Law

E.C. alleged she was sexually assaulted on the premises of Pass Christian High School. The Youth Court adjudicated the alleged perpetrators not delinquent. Later, Roy and Kimberly Cuevas, individually, and on behalf of their minor daughter, E.C., filed a negligence action seeking damages from the Pass Christian School District associated with the alleged assault. Pass Christian unsuccessfully sought the records from the youth-court action to use in its defense in the civil case. It argued on appeal that the youth-court judge abused her discretion in denying its requests for disclosure of the youth-court records and trial transcripts relating to the three minor perpetrators. It also argued it would be denied due process and fairness if the sworn testimony of E.C. were not released due to the confidentiality rules protecting the subjects of youth-court actions. The Mississippi Supreme Court reversed and remanded for the circuit court to conduct an in camera review of the youth-court record to determine whether any of it should have been disclosed. View "In the Interest of M.D.G. v. Harrison County Youth Court of Mississippi" on Justia Law

The Mississippi Commission on Judicial Performance (the “Commission”) recommended that the Mississippi Supreme Court publicly reprimand and assess a $500 fine against Judge Frank Sutton, a justice court judge for Post Three in Hinds County, Mississippi. Based on complaints against Judge Sutton, the Commission initiated an inquiry into his role in two matters. This investigation led to the Commission’s filing a formal complaint. Judge Sutton did not file an answer to the complaint; instead, he and the Commission stipulated to agreed facts. The Commission then unanimously adopted those facts in its findings of fact and recommendation. The Commission made this recommendation after finding by clear and convincing evidence that Judge Sutton’s conduct constituted misconduct in violation of the Code of Judicial Conduct as well as Section 177A of the Mississippi Constitution of 1890. The Supreme Court agreed with the Commission that Judge Sutton’s conduct constituted misconduct. The Court disagreed, however, with the Commission’s imposition of sanctions. Instead, the Supreme Court ordered a public reprimand, fined Judge Sutton $500 and suspended Judge Sutton for thirty days without pay. View "Mississippi Commission on Judicial Performance v. Sutton" on Justia Law